Which wife takes precedence in consummation/residence when a third wife is married before the second wife's turn?
General Chapter
Al-Mughni
Book of the Wedding Feast
Primary text
When a man has two wives and spends a night with one, then marries a third before spending the required night with the second, the wife whose turn was missed (the second wife) is given precedence in fulfilling her right because her right is more confirmed, established by the marriage contract. The right of the third wife is established by the act of contracting the marriage. After fulfilling the right of the second wife by granting her the missed night, the husband then spends the next night with the third wife, and thereafter, he begins the equitable division (*qism*) between the three.
Supporting text
One view suggests that after giving the second wife her full missed night, the husband spends half the next night with the second wife and the other half with the new third wife. This is because the night owed to the second wife contains half of the benefit that the other co-wife (the first wife) is currently entitled to. Therefore, the new third wife should receive half a night in exchange for what each of the other two wives received. This position is deemed difficult due to the practical hardship of requiring the husband to isolate himself for half a night, which might be physically impossible or inconvenient.